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David Porter (Third Circuit)

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David Porter

Nonpartisan

United States Court of Appeals for the 3rd Circuit

Tenure

2018 - Present

Years in position

Education

Bachelor's

Grove City College, 1988

Law

George Mason University, Antonin Scalia Law School, 1992

Personal

Birthplace

Kittanning, PA

David James Porter is anArticle III federal judge on theUnited States Court of Appeals for the 3rd Circuit. He was nominated by PresidentDonald Trump (R) on April 12, 2018, and confirmed by theU.S. Senate on October 11, 2018, by a vote of 50-45.^[1]^[2] To see a full list of judges appointed byDonald Trump,click here.

TheUnited States Court of Appeals for the 3rd Circuit is one of 13U.S. courts of appeal. They are the intermediateappellate courts of theUnited States federal courts.To learn more about the 3rd Circuit Court,click here.

Porter previously was an attorney in private practice with Buchanan Ingersoll & Rooney PC.^[1]

Judicial nominations and appointments

United States Court of Appeals for the 3rd Circuit

See also:Federal judges nominated by Donald Trump

Porter was nominated to theUnited States Court of Appeals for the 3rd Circuit by PresidentDonald Trump (R) on April 12, 2018. TheU.S. Senate confirmed Porter on October 11, 2018, by a vote of 50-45.^[1] Porter received his judicial commission October 15, 2018. To read more about the federal nomination process,click here.

Nomination Tracker

Nominee Information
Name: David Porter
Court:United States Court of Appeals for the 3rd Circuit
Progress
Confirmed 182 days after nomination.
ANominated: April 12, 2018
AABA Rating:Unanimously Qualified
Questionnaire:Questionnaire
AHearing: June 6, 2018

QFRs:(Hover over QFRs to read more)

AReported: July 19, 2018
AConfirmed: October 11, 2018
AVote: 50-45

Confirmation vote

The U.S. Senate confirmed Porter on October 11, 2018, by a vote of 50-45. To see a full breakdown of the vote on the official U.S. Senate website,click here.

Porter confirmation vote (October 11, 2018)
Party	Yea	Nay	No vote
Democratic	0	43	4
Republican	50	0	1
Independent	0	2	0
Total	50	45	5

Senate Judiciary Committee hearing

Porter had his hearing before theSenate Judiciary Committee on June 6, 2018. The committee voted to advance Porter's nomination to the full Senate on July 19, 2018.^[3]

Nomination

Porter was nominated to replace JudgeD. Michael Fisher, who assumedsenior status on February 1, 2018.

TheAmerican Bar Association rated PorterUnanimously Qualified for the position.^[4] To read more about ABA ratings,click here.

Education

Porter was born in Kittanning, Pennsylvania, in 1966. He received his undergraduate degree, with honors, from Grove City College in 1988 and hisJ.D. from the Antonin Scalia Law School at George Mason University in 1992. During his legal studies, Porter served as a notes editor of theGeorge Mason Law Review.^[1]^[2]^[5]

Professional career

2018-present: Judge,United States Court of Appeals for the 3rd Circuit
1994-2018: Attorney, Buchanan Ingersoll & Rooney PC
1992-1994: Law clerk to JudgeBrooks Smith on theUnited States District Court for the Western District of Pennsylvania^[2]^[5]

About the court

Third Circuit
Court of Appeals

Judgeships
Posts: 14
Judges: 14
Vacancies: 0
Judges
Chief:Michael Chagares
Active judges:Stephanos Bibas,Emil Bove,Michael Chagares,Cindy Chung,Arianna Freeman,Thomas Hardiman,Cheryl Ann Krause,Jennifer Mascott,Paul Matey,Tamika Montgomery-Reeves,Peter Phipps,David Porter,Luis Felipe Restrepo,Patty Shwartz Senior judges: Thomas Ambro,Robert Cowen,D. Michael Fisher,Julio Fuentes,Theodore McKee,Richard Nygaard,Marjorie Rendell,Jane Roth,Anthony Scirica,David Brooks Smith,Walter Stapleton

TheUnited States Court of Appeals for the Third Circuit is afederal appellate court with appellatejurisdiction. It hears appeals from all of the circuit courts within its jurisdiction and its rulings may be appealed to theSupreme Court of the United States.

Appeals are heard in the James A. Byrne Federal Courthouse inPhiladelphia, Pennsylvania. It shares a courthouse with theUnited States District Court for the Eastern District of Pennsylvania.

One judge of the Third Circuit went on to serve on theSupreme Court of the United States.Samuel Alito was appointed to the Supreme Court in 2006 byGeorge W. Bush (R).

Map of the Third Circuit. Click on a district to find out more about it.

The Third Circuit hasappellate jurisdiction over cases heard in one of its subsidiary districts. These cases can include civil and criminal matters that fall under federal law. Appeals of rulings by theThird Circuit Court of Appeals are petitioned to theSupreme Court of the United States. JusticeSamuel Alito is thecircuit justice for the Third Circuit.

The United States Court of Appeals for the Third Circuit has appellatejurisdiction over the United States district court in the following federal judicial districts:

It also has appellate jurisdiction over theUnited States District Court for the U.S. Virgin Islands which, in spite of the name, is aterritorial court and belongs to no federal judicial district.

To read opinions published by this court,click here.

The federal nomination process

Federal judges are nominated by the president of the United States and confirmed by the Senate. There are multiple steps to the process:

The president nominates an individual for a judicial seat.
The nominee fills out a questionnaire and is reviewed by theSenate Judiciary Committee.
The Senate Judiciary Committee holds a hearing with the nominee, questioning them about things like their judicial philosophy, past rulings or opinions, etc.

As part of this process, the committee sends ablue slip to senators from the home state in which the judicial nomination was received, allowing them to express their approval or disapproval of the nominee.

After the hearing, the Senate Judiciary Committee will vote to approve or return the nominee.

If approved, the nominee is voted on by the full Senate.
If the Committee votes to return the nominee to the president, the president has the opportunity to re-nominate the individual.

The Senate holds a vote on the candidate.

If the Senate confirms the nomination, the nominee receives a commission to serve a lifelong position as a federal judge.
If the Senate does not confirm the nomination, that nominee does not become a judge.